BOARD OF ZONING APPEALS
CLAY TOWNSHIP
February 14, 2008
I. OPENING OF MEETING
Cliff Deitering, Vice-Chairman,
opened the meeting at 7:05 p.m.
II. ATTENDANCE
Members Present: Cliff Deitering, Lori
Tahmassebi, Stefan Bridenbaugh and
William
C. Watt, Zoning Administrator.
Guests Present:
Lee Robinson, Bill Coucher, Tom Dilhoff, Rick Barksdale, Herschel
Braughton, Jr., Glen Filbrun, Mr. and Mrs. Charles Hegwood, Mark Yost,
and Michele Williams, Recording Secretary.
III. MINUTES
Lori Tahmassebi moved to approve the minutes of
the January 10, 2008 meeting; seconded by Stefan Bridenbaugh. Roll call.
Lori Tahmassebi-yes, Stefan Bridenbaugh-yes, Cliff Deitering-abstained.
MOTION CARRIED.
IV. CASE A-02-08
Cliff Deitering read the procedure
for a public hearing, along with the ground rules for presenting public
testimony and opened Case A-02-08, filed by Herschel Braughton, Jr.
The Oath was administered to Lee
Robinson, Tom Dilhoff, Herschel Braughton, Jr., Bill Coucher, and the
Zoning Administrator, Bill Watt. The Affirmation was administered to
Glen Filbrun.
Bill Watt stated the application had
been filed January 28, 2008, with fee paid. The legal notice was
advertised in the Brookville Star on January 30, 2008; letters were sent
to surrounding property owners on January 30, 2008, with none returned.
The zoning standard in this case is Article 35, Section 3504.02.
Bill Watt read the legal notice, and
after reviewing the case, stated the property is zoned RA and presented
current photographs of the property. Mr. Watt also displayed on a zoning
map, the proposed location of the new building and parking area, as well
as stating the mobile home would be removed. Mr. Watt stated he had
received several phone calls concerning the case and one letter from
Roger Wysong, in favor of the requested Non-Conforming use and
Variance.
Mr. Watt gave his report, saying
this is a 2.4 acre parcel on the south side of State Route 40 and owner
proposed to erect all new fencing; take down the older building that
used to house a restaurant; install a parking area on the property; and
erect a new building that would increase the building area above the 25%
permitted by zoning regulations.
Mr. Watt stated the property is a
State permitted salvage business, and the new proposed building would be
80” x 100’, set back off the right of way from Route 40, and a parking
area would be established for 4 or 5 cars.
Mr. Watt stated he felt this
proposed use would not be contrary to the public interest, and the
spirit of the zoning resolution would be observed. Mr. Watt stated he
has visited the site, taken photographs, and he recommended in favor of
the request, with certain stipulations.
V. PROPONENTS
Herschel Braughton, Jr. stated what he would like
to propose the erection of the new building to house semi-wreckers, flat
bed towers for a towing/recovery business, and not enlarge the storage
area for the salvage operation.
Mr. Braughton stated the towing business is
growing and he would not use the new building for dismantling cars. Mr.
Braughton stated he wanted to improve the current building that sits
towards the middle of the property, by installing new garage doors and a
new roof, and that building may be used for auto dismantling, in the
future.
Cliff Deitering questioned if he intended to tear
down the building that was out in front of the property that used to
house the old restaurant, and remove the mobile home.
Mr. Braughton, Jr. stated yes, that was his
intention.
Cliff Deitering questioned, what is the time
frame for the project.
Mr. Braughton, Jr. replied that he proposed six
months for the completion of the building.
Once the building was erected, the fencing would
be completed, and then improve the inside building.
Stefan Bridenbaugh questioned if he planned to
remove the mobile home, and Mr. Braughton, Jr. replied yes, the house
trailer would be removed.
Lori Tahmassebi asked Mr. Braughton, Jr. to
explain the layout of the proposed parking arrangement.
Mr. Braughton, Jr. replied that he planned to
have about five, angled spots for parking.
Bill Couch further stated that the reason Mr.
Braughton, Jr. wanted a large building for the property was that not
only was the storage needed for the wrecker units, but they planned to
become involved with the State Highway Patrol, and if there were cars
that were impounded and needed to be investigated, they had an area to
do that.
Mr. Couch also stated, that the proposal was for
a 25% increase, and he felt that that would be 25% less vehicles sitting
outside, and it would be an improvement for the township.
VI. OPPONENTS
Mr. Dilhoff stated he needed further explanation
of the fenced area.
Cliff Deitering displayed the proposal on the
zoning map.
Mr. Braughton, Jr. stated that the new fence
would be about 8’ tall, and would be of uniform materials. He also
stated that he planned no retail use of the property at this time, the
yard would be closed to the public.
Mr. Dilhoff asked what happens to the fluids from
the vehicles that are scrapped.
Mr. Braughton, Jr. stated that everything on and
in a vehicle was usable, and occasionally they might lose a little
anti-freeze from a cut hose.
Mr. Dilhoff questioned about the late night
wrecker usage. Mr. Braughton, Jr. stated there might be an occasional
late night accident that would be involves using the wrecker.
Lee Robinson stated he lived across the street
from the property and he had heard vehicle crushing going on at all
hours, and he was concerned about environmental issues affecting his
drinking water. He said he also had concerns about the ditch by his
property being flooded and he had been told by the County that it was
plugged up by the salvage yard.
Glen Filbrun stated when he travels State Route
40 with his wide farm machinery, vehicles in the right of way cause his
machinery to go left of center, and asked if those vehicles could be
parked in the salvage yard.
Mr. Braughton, Jr. stated, yes to Mr. Filbrun’s
concerns and stated that the State Highway Patrol has mentioned no
parking on the right of way, to him. Mr. Braughton, Jr. stated that this
will be taken care of.
Mr. Braughton, Jr. stated the EPA checks the yard
at least once a year, and makes sure that there is nothing on the ground
that is not allowed. Mr. Braughton, Jr. further stated that if he did
open the yard for retail business in the future, there would have a 5:00
or 6:00 p.m. closing time.
Cliff Deitering closed the public portion of the
hearing.
VII. BOARD DISCUSSION
Cliff Deitering
questioned the situation of the new building concerning drainage.
Mr. Braughton
replied that the building would be on the same grade on a raised
concrete pad.
Stefan Bridenbaugh
questioned about the catch basin, and he had concerns about the drainage
from such a large roof area.
Mr. Braughton, Jr.
replied they intended to use downspouts that would release the water
into the graveled area, and drain into a catch basin.
Cliff Deitering made a motion to approve the
Non-Conforming Use, and Variance, with the following stipulations.
·
The landowner confers with the ODOT concerning the
drainage issues with an 80’ x 100’ building
·
There would be a one year time-frame for the
erection of the new fence, at least along the front of the property
·
The new parking as shown on the drawing is
installed
·
The house trailer will be removed
Stefan Bridenbaugh seconded.
MOTION PASSED UNANIMOUSLY.
Cliff Deitering stated that Case A-02-08 had been
approved because it meets the standards for a Non-Conforming Use and
Variance.
VII.
END OF MEETING
Cliff Deitering declared the meeting
adjourned at 8:15 p.m.
______________________________
_________________________________
Chairman, Gloria Ramsey
Secretary William C.
Watt
______________________________
_________________________________
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